Ilieva, Voutcheva & Co. Law Firm, advises and represents Lufthansa Cargo Jsc. – Branch Bulgaria at its defense, in a procedure for issuance of an enforcement order, followed by a lawsuit for indemnification for material tort and moral damages filed by two individuals. The claimants, clients of Lufthansa, claimed indemnification for the damages suffered by them due to the fact that Lufthansa Cargo Jsc. – Branch Bulgaria has lost their luggage in their travel to Paris for a wedding trip. Following a double exchange of legal papers, as a result of our arguments presented and the evidence provided, it was found that Lufthansa Cargo Jsc. – Branch Bulgaria, is not a party to the Air Transport Agreement as Lufthansa Group is comprised of several сompanies and the defendant engaged in the proceedings does not provide the services claimed by the claimants. The latter undertook various legal steps for conditional substitution or a possible addition of another company of the group as a defendant.
The legal specificities and challenges of the case, on the one hand, occur in connection with the fact that the court practice is not very abundant in such claims for property and non-material damage in air transport and this matter is still in the process of active development. A further complication were the various steps taken to amend the subject of the claim, as well as other procedural actions and claims of the claimants in conjunction with the trial phase and the prior procedure for issuance of an enforcement order.